Hope you all don't mind me putting my twopenneth in, but was watching this (in growing disbelief) yesterday, there's a couple of things (yes, I know ONLY a couple !) they've overlooked on that High Court Order, firstly I think they must have worded it themselves as they've forgotten to put in a date by which the documents must be produced, I think they've tried to be clever by adding Ms N. Crawford to the Order as a New Party and thereby invoking CPR 3.1, but if the papers in question aren't supplied she has to apply under CPR 23 (CPR 3.2).hardcopy wrote:Has Tom really got a High Court writ ordering Nottingham Court to produce the sealed warrant ?
Extraordinary situation, sounds like the bungalow is wrecked, it must be almost worthless now.
They've also overlooked the fact any Order needs to be Served on Parties (usually 5 service days) so the other party can apply for it to be varied or set aside, this order (although dated 20th doesn't actually come into effect until 5 working days later).
Service of judgments and orders
40.4
(1) Where a judgment or an order has been drawn up by a party and is to be served by the court
(a) the party who drew it up must file a copy to be retained at court and sufficient copies for service on him and on the other parties; and
(b) once it has been sealed(GL), the court must serve a copy of it on each party to the proceedings.
3.1 Where a party is joined to existing proceedings, the party joined shall be entitled to require the party joining him to supply, without charge, copies of all statements of case, written evidence and any documents appended or exhibited to them which have been served in the proceedings by or upon the joining party which relate to any issues between the joining party and the party joined, and copies of all orders made in those proceedings. The documents must be supplied within 48 hours after a written request for them is received.
3.2 If the party joined is not supplied with copies of the documents requested under paragraph 3.1 within 48 hours, he may apply under Part 23 for an order that they be supplied.